REPUBLIC ACT No.

9006
AN ACT TO ENHANCE THE HOLDING OF FREE, ORDERLY, HONEST, PEACEFUL AND CREDIBLE ELECTIONS THROUGH FAIR ELECTION PRACTICES Section Guide
Sec. 1. Short Title Sec. 2. Declaration of Principles Sec. . Lawful Election Propaganda

Sec. !. Requirements for Published or Printed and Broadcast Election Propaganda Sec. ". Election Surveys Sec. #. Equal ccess to !edia Time and Space Sec. $. ffirmative ction by the "#!ELE"

Sec. %. "#!ELE" Space and Time Sec. &. Posting of "ampaign !aterials Sec. 1'. Right to Reply Sec. 11. Rates for Political Propaganda Sec. 12. Substitution of "andidates Sec. 1 . uthority of the "#!ELE" to promulgate Rules$ Election #ffenses

Sec. 1!. Repealing "lause Sec. 1". Separability "lause Sec. 1#. Effectivity

Section Det(i)*
Section 1. S+o,t Tit)e.

This Act shall be known as the

-F(i, E)ection* Act-.

Sec. 2. Dec)(,(tion o. P,inci/)e*. - The State shall, during the election period, supervise or regulate the enjoyment or utilization of all franchises or permits for the operation of media of communication or information to guarantee or ensure e ual opportunity for public service, including access to media time and space, and the e uitable right to reply, for public information campaigns and fora among candidates and assure free, orderly, honest! peaceful and credible elections!

The State shall ensure that bona fide candidates for any public office shall be free from any form of harassment and discrimination!
Sec. . L(0.u) E)ection P,o/(1(nd(. - "lection propaganda whether on television, cable television, radio, newspapers or any other medium is hereby allowed for all registered political parties, national, regional, sectoral parties or organizations participating under the party-list elections and for all bona fide candidates seeking national and local elective positions subject to the limitation on authorized e#penses of candidates and political parties, observance of truth in advertising and to the supervision and regulation by the $ommission on "lections %$&'"("$)!

*or the purpose of this Act, lawful election propaganda shall include+

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.amphlets, leaflets, cards, decals, stickers or other written or printed materials the size of which does not e#ceed eight and one-half inches in width and fourteen inches in length/ 1andwritten or printed letters urging voters to vote for or against any particular political party or candidate for public office/ $loth, paper or cardboard posters whether framed, or posted, with an area not e#ceeding two %0) feet by three %,) feet, e#cept that, at the site and on the occasion of a public meeting or rally, or in announcing the holding of said meeting or rally, streamers not e#ceeding three %,) feet by eight %2) feet in size, shall be allowed+ .rovided, That said streamers may be displayed five %3) days before the date of the meeting or rally and shall be removed within twenty-four %04) hours after said meeting or rally/ .aid advertisements in print or broadcast media+ .rovided, That the advertisements shall follow the re uirements set forth in Section 4 of this Act/ and All other forms of election propaganda not prohibited by the &mnibus "lection $ode or this Act!

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Sec. !. Re2ui,e3ent* .o, Pu4)i*+ed o, P,inted (nd B,o(dc(*t E)ection P,o/(1(nd(.

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Any newspaper, newsletter, newsweekly, gazette or magazine advertising,

posters, pamphlets, comic books, circulars, handbills, bumper stickers, streamers, simple list of candidates or any published or printed political matter and any broadcast of election propaganda by television or radio for or against a candidate or group of candidates to any public office shall bear and be identified by the reasonably legible or audible words 5political advertisement paid for,5 followed by the true and correct name and address of the candidate or party for whose benefit the election propaganda was printed or aired! 4!0 6f the broadcast is given free of charge by the radio or television station, it shall be identified by the words 5airtime for this broadcast was provided free of charge by5 followed by the true and correct name and address of the broadcast entity! .rint, broadcast or outdoor advertisements donated to the candidate or political party shall not be printed, published, broadcast or e#hibited without the written acceptance by the said candidate or political party! Such written acceptance shall be attached to the advertising contract and shall be submitted to the $&'"("$ as provided in Subsection 7!, hereof!

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Sec. ". E)ection Su,5e6*.

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"lection surveys refer to the measurement of opinions and perceptions of the voters as regards a candidate8s popularity, ualifications, platforms or a matter of public discussion in relation to the election, including voters8 preference for candidates or publicly discussed issues during the campaign period %hereafter referred to as 5Survey5)! 9uring the election period, any person, natural as well as juridical, candidate or organization who publishes a survey must likewise publish the following information+ a! The name of the person, candidate, party or organization who commissioned or paid for the survey/ b! The name of the person, polling firm or survey organization who conducted the survey/ c! The period during which the survey was conducted, the methodology used, including the number of individual respondents and the areas from which they were selected, and the specific uestions asked/ d! The margin of error of the survey/ e! *or each uestion for which the margin of error is greater than that reported under paragraph %d), the margin of error for that uestion/ and f! A mailing address and telephone number, indicating it as an address or telephone number at which the sponsor can be contacted to obtain a written report regarding the survey in accordance with Subsection 3!,!

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The survey together with raw data gathered to support its conclusions shall be available for inspection, copying and verification by the $&'"("$ or by a registered political party or a bona fide candidate, or by any $&'"("$accredited citizen8s arm! A reasonable fee sufficient to cover the costs of inspection, copying and verification may be charged!

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Surveys affecting national candidates shall not be published fifteen %-3) days before an election and surveys affecting local candidates shall not be published seven %:) days before an election! "#it polls may only be taken subject to the following re uirements+ a! .ollsters shall not conduct their surveys within fifty %3;) meters from the poling place, whether said survey is taken in a home, dwelling place and other places/ b! .ollsters shall wear distinctive clothing/ c! .ollsters shall inform the voters that they may refuse to answer/ and d! The result of the e#it polls may be announced after the closing of the polls on election day, and must dearly identify the total number of respondents, and the places where they were taken! Said announcement shall state that the same is unofficial and does not represent a trend!

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Sec. #. E2u() Acce** to 7edi( Ti3e (nd S/(ce. - All registered parties and bona fide candidates shall have e ual access to media time and space! The following guidelines may be amplified on by the $&'"("$+

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.rint advertisements shall not e#ceed one-fourth %-<4) page in broadsheet and one-half %-<0) page in tabloids thrice a week per newspaper, magazine or other publications, during the campaign period!

7!0 a! "ach bona fide candidate or registered political party for a nationally elective office shall be entitled to not more than one hundred twenty %-0;) minutes of television advertisement and one hundred eighty %-2;) minutes of radio advertisement whether by purchase or donation! b! "ach bona fide candidate or registered political party for a locally elective office shall be entitled to not more than si#ty %7;) minutes of television advertisement and ninety %=;) minutes of radio advertisement whether by purchase or donation! *or this purpose, the $&'"("$ shall re uire any broadcast station or entity to submit to the $&'"("$ a copy of its broadcast logs and certificates of performance for the review and verification of the fre uency, date, time and duration of advertisements broadcast for any candidate or political party! 7!, All mass media entities shall furnish the $&'"("$ with a copy of all contracts for advertising, promoting or opposing any political party or the candidacy of any person for public office within five %3) days after its signing! 6n every case, it shall be signed by the donor, the candidate concerned or by the duly authorized representative of the political party!

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>o franchise or permit to operate a radio or television station shall be granted or issued, suspended or cancelled during the election period! 6n all instances, the $&'"("$ shall supervise the use and employment of press, radio and television facilities insofar as the placement of political advertisements is concerned to ensure that candidates are given e ual opportunities under e ual circumstances to make known their ualifications and their stand on public issues within the limits set forth in the &mnibus "lection $ode and ?epublic Act >o! :l77 on election spending! The $&'"("$ shall ensure that radio or television or cable television broadcasting entities shall not allow the scheduling of any program or permit any sponsor to manifestly favor or oppose any candidate or political party by unduly or repeatedly referring to or including said candidate and<or political party in such program respecting, however, in all instances the right of said broadcast entities to air accounts of significant news or news worthy events and views on matters of public interest!

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All members of media, television, radio or print, shall scrupulously report and interpret the news, taking care not to suppress essential facts nor to distort the truth by omission or improper emphasis! They shall recognize the duty to air the other side and the duty to correct substantive errors promptly! Any mass media columnist, commentator, announcer, reporter, on-air correspondent or personality who is a candidate for any elective public office or is a campaign volunteer for or employed or retained in any capacity by any candidate or political party shall be deemed resigned, if so re uired by their employer, or shall take a leave of absence from his<her work as such during the campaign period+ .rovided, That any media practitioner who is an official of a political party or a member of the campaign staff of a candidate or political party shall not use his<her time or space to favor any candidate or political party! >o movie, cinematograph or documentary portraying the life or biography of a candidate shall be publicly e#hibited in a theater, television station or any public forum during the campaign period! >o movie, cinematograph or documentary portrayed by an actor or media personality who is himself a candidate shall likewise be publicly e#hibited in a theater or any public forum during the campaign period!

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Sec. $. A..i,3(ti5e Action 46 t+e CO7ELEC.

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.ursuant to Sections =; and =0 of the &mnibus "lection $ode %@atas .ambansa @lg! 22-), the $&'"("$ shall procure the print space upon payment of just compensation from at least three %,) national newspapers of general circulation wherein candidates for national office can announce their candidacies! Such space shall be allocated free of charge e ually and impartially among all the candidates for national office on three %,) different calendar days+ the first day within the first week of the campaign period/ the second day within the fifth week of the campaign period/ and the third day within the tenth week of the campaign period!

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The $&'"("$ shall also procure free airtime from at least three %,) national television networks and three %,) national radio networks, which shall also be allocated free of charge e ually and impartially among all candidates for national office! Such free time shall be allocated on three %,) different calendar days+ the first day within the first week of the campaign period/ the second day within the fifth week of the campaign period/ and the third day within the tenth week of the campaign period! The $&'"("$ may re uire national television and radio networks to sponsor at least three %,) national debates among presidential candidates and at least one %-) national debate among vice presidential candidates! The debates among presidential candidates shall be scheduled on three %,) different calendar days+ the first debate shall be scheduled within the first and second week of the campaign period/ the second debate within the fifth and si# week of the campaign period/ and the third debate shall be scheduled within the tenth and eleventh week of the campaign period! The sponsoring television or radio network may sell airtime for commercials and advertisements to interested advertisers and sponsors! The $&'"("$ shall promulgate rules and regulations for the holding of such debates!

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Sec. %. CO7ELEC S/(ce (nd Ti3e. - The $&'"("$ shall procure space in at least one %-) newspaper of general circulation and air time in at least one %-) major broadcasting station or entity in every province or city+ .rovided, however, That in the absence of said newspaper, publication shall be done in any other magazine or periodical in said province or city, which shall be known as 5$&'"("$ Space5+ .rovided, further, That in the absence of said broadcasting station or entity, broadcasting shall be done in any radio or television station in said province or city, which shall be known as 5$&'"("$ Time5! Said time shall be allocated to the $&'"("$ free of charge, while said space shall be allocated to the $&'"("$ upon payment of just compensation! The $&'"("$ time and space shall be utilized e#clusively by the $&'"("$ for public information dissemination on election-related concerns! Sec. &. Po*tin1 o. C(3/(i1n 7(te,i()*. - The $&'"("$ may authorize political parties and party-list groups to erect common poster areas for their candidates in not more than ten %-;) public places such as plazas, markets, barangay centers and the like, wherein candidates can post! display or e#hibit election propaganda+ .rovided, That the size of the poster areas shall not e#ceed twelve %-0) by si#teen %-7) feet or its e uivalent!

6ndependent candidates with no political parties may likewise be authorized to erect common poster areas in not more than ten %-;) public places, the size of which shall not e#ceed four %4) by si# %7) feet or its e uivalent! $andidates may post any lawful propaganda material in private places with the consent of the owner thereof, and in public places or property which shall be allocated e uitably and impartially among the candidates!
Sec. 1'. Ri1+t to Re/)6. - All registered parties and bona fide candidates shall have the right to reply to charges published against them! The reply shall be given publicity by the newspaper, television and<or radio station which first printed or aired the charges with the same prominence or in the same page or section or in the same time slot as the first statement! Sec. 11. R(te* .o, Po)itic() P,o/(1(nd(. - 9uring the election period, media outlets shall charge registered political parties and bona fide candidates a discounted rate of thirty percent

%,;A) for television, twenty percent %0;A) for radio and ten percent %-;A) for print over the average rates charged during the first three uarters of the calendar year preceding the elections!
Sec. 12. Su4*titution o. C(ndid(te*. - 6n case of valid substitutions after the official ballots have been printed, the votes cast for the substituted candidates shall be considered as stray votes but shall not invalidate the whole ballot! *or this purpose, the official ballots shall provide spaces where the voters may write the name of the substitute candidates if they are voting for the latter+ .rovided, however, That if the substitute candidate is of the same family name, this provision shall not apply! Sec. 1 . Aut+o,it6 o. t+e CO7ELEC to /,o3u)1(te Ru)e*8 E)ection O..en*e*. The $&'"("$ shall promulgate and furnish all political parties and candidates and the mass media entities the rules and regulations for the implementation of this Act, consistent with the criteria established in Article 6B-$, Section 4 of the $onstitution and Section 27 of the &mnibus "lection $ode %@atas .ambansa @lg! 22-)!

?ules and regulations promulgated by the $&'"("$ under and by authority of this Section shall take effect on the seventh day after their publication in at least two %0) daily newspapers of general circulation! .rior to the effectivity of said rules and regulations, no political advertisement or propaganda for or against any candidate or political party shall be published or broadcast through mass media! Ciolation of this Act and the rules and regulations of the $&'"("$ issued to implement this Act shall be an election offense punishable under the first and second paragraphs of Section 074 of the &mnibus "lection $ode %@atas .ambansa @lg! 22-)!
Sec. 1!. Re/e()in1 C)(u*e! - Sections 7: and 23 of the &mnibus "lection $ode %@atas .ambansa @lg! 22-) and Sections -; and -- of ?epublic Act >o! 7747 are hereby repealed! As a conse uence, the first provision the third paragraph of Section -- of ?epublic Act >o! 24,7 is rendered ineffective! All laws, presidential decrees, e#ecutive orders, rules and regulations, or any part thereof inconsistent with the provisions of this Act are hereby repealed or modified or amended accordingly! Sec. 1". Se/(,(4i)it6 C)(u*e. 6f any provision or part hereof is held invalid or unconstitutional, the remainder of this Act not otherwise affected shall remain in full force and effect! Sec. 1#. E..ecti5it6.

This Act shall take effect immediately upon its approval!

pproved% 12 Fe4,u(,6 2''1&

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GLORIA 7ACAPAGAL9 ARROYO President